Can I e-sign the separate statement?

Yes, electronic signatures are generally valid under the ESIGN Act (15 U.S.C. §7001) and state electronic transaction laws provided the signer demonstrates intent, consents to electronic records, the signature is attributable, and a reproducible record is retained.

Is notarization required?

Not usually for a separate statement, but certain verification or affidavit language may require notarization depending on the court or if a self-proving affidavit is attached.

How should exhibits be attached?

Attach exhibits as separate, clearly labeled files or appended pages; reference each exhibit by label within the numbered statement to ensure exhibits are admitted and easily located.

What if the other party objects?

Document objections in a written response or at the hearing; the judge will rule on admissibility and may exclude unsupported claims lacking proper foundation.

How long must I keep the statement?

Retain the original and electronic copies for the active case duration and at least 3 years after closure; consult retention rules if tax, healthcare, or appeal-related records apply.

Can I amend the statement after filing?

Amendments may be allowed by leave of court or by stipulation; file an amended statement clearly marked and served on opposing parties per local rules.

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Delaware Custody Separate Statement

Delaware Custody Separate Statement

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

What the Delaware Custody Separate Statement Is

The Delaware Custody Separate Statement is a written declaration used in custody or family-law matters to record a party’s separate statement about custody preferences, proposed parenting plans, contact arrangements, or factual disagreements with another party’s filing. The form supplements pleadings or mediations and provides a clear, organized presentation of positions for the court, opposing counsel, or parenting coordinators. It is not itself a final court order but can be admitted into evidence or incorporated into a negotiated agreement when properly signed and filed under Delaware family-court procedures.

Why a Separate Statement Matters in Delaware Custody Cases

A focused separate statement clarifies contested facts and proposed custodial arrangements for judges and mediators, streamlines hearings, and creates a concise written record that supports decision-making and appellate review.

Who Typically Prepares and Relies on This Statement

The document also assists judges by reducing oral testimony and by providing a succinct, referenced set of positions the court can use when drafting orders or findings.

Parents or guardians preparing a factual summary to support custody positions.
Family law attorneys assembling evidence and legal arguments for hearings.
Court personnel, mediators, or parenting coordinators who use the statement to structure hearings and recommendations.

Step-by-Step: Completing the Delaware Custody Separate Statement

Follow this sequence to prepare a clear, court-ready separate statement that aligns with Delaware family court expectations.

01

Gather case details: Collect docket number, party names, and prior orders.
02

Draft numbered points: Summarize each disputed fact or request in a separate numbered paragraph.
03

Attach supporting exhibits: Label exhibits and reference them inline to each numbered point.
04

Sign and date: Complete signature block before submission; include verifier info if required.

Essential Components of a Professional Separate Statement

A well-structured statement improves clarity for the court and opposing parties while preserving positions for hearings and appeals.

Clear caption

Complete case caption with court, county, and docket number so the statement is properly filed and matched to the case file.

Numbered issues

Present each disputed fact or custody proposal as a separate numbered entry to allow precise referencing during hearings.

Evidence cross-reference

Cite exhibits, dates, and witness names directly under each numbered point to support admissibility and reduce oral testimony.

Concise legal basis

Briefly state the legal or statutory reason for each requested custodial arrangement or factual claim when relevant.

Signature & verification

Include a dated signature line and, if required, a verification statement or notary acknowledgment consistent with Delaware rules.

Exhibit index

Provide an exhibit list with labels and brief descriptions so the court can quickly locate supporting documents.

Required Information Typically Included

Docket number: Exact case number

Party names: Full legal names

Statement date: MM/DD/YYYY

Numbered facts: Discrete factual entries

Exhibit references: Exhibit numbers/titles

Signature: Signed and dated

Customizing and Completing the Statement Online

Configure a digital copy for eFiling or secure sharing, ensuring field logic and signer roles are set before distribution.

File format	PDF
Conditional fields	Enable to show exhibits when referenced
Signer roles	Petitioner \| Respondent \| Attorney
Authentication	Email link, SMS code, or higher
Retention	Enable audit trail and export options

Digital Signing and eSubmission Considerations

Ensure your eSignature solution preserves an audit trail, stores a tamper-evident copy, and supports the format required by the receiving court or agency.

Document formats: PDF, DOCX
Authentication options: Email, SMS, KBA
Integrations: Court eFile systems, case management

Where and How to File or Send the Statement

Choose the correct submission route based on court local rules and whether the filing is part of an active case, discovery exchange, or mediation packet.

Court eFiling: Submit via the court’s eFile system per county rules
Opposing counsel: Serve via agreed electronic delivery or according to service rules
Mediation or coordinator: Provide copy to mediator or parenting coordinator as required
Court clerk: File with clerk for inclusion in official case record

Timelines and Deadlines to Watch

Local rules and court orders set deadlines for submission; check the judge’s scheduling order and the family court’s filing requirements.

Pre-hearing exchange:

Often 7–14 days before the hearing

Filing with clerk:

By the court’s filing deadline

Response period:

As ordered by the court

Exhibit submission:

Match court exhibit deadlines

Request for continuance:

Follow local motion timing rules

Key Milestones in Processing a Separate Statement

Typical milestones from drafting to hearing help coordinate parties and the court in time-sensitive custody matters.

01

Draft prepared

Complete the separate statement and exhibits for review.

02

Exchange with opposing party

Serve the statement to opposing counsel or self-represented party per scheduling order.

03

File with court clerk

Submit the statement to the clerk for inclusion in the case file.

04

Hearing reference

Judge reviews the statement and refers to numbered items during the hearing.

Common Mistakes to Avoid

Using vague language instead of numbered, fact-based entries that the court can reference precisely.
Failing to attach or label exhibits, which makes supporting evidence hard to verify or admit.
Mismatching party names or docket numbers that lead to filing rejections or misfiling.
Relying on unsigned or improperly authenticated electronic signatures where local rules require notarization or verification.

Risks of Incomplete or Incorrect Statements

Hearing delay: Judge may continue the hearing for incomplete filings

Evidentiary exclusion: Unsupported assertions can be excluded from consideration

Procedural sanctions: Court may impose sanctions for misrepresentations

Service defects: Improper service can void submissions

Record confusion: Mismatched exhibits create appellate challenges

Additional costs: Extra filings or attorney time increase expenses

Real-World Examples of How Statements Are Used

Two scenario summaries show how a separate statement can structure facts and evidence for hearings or mediation.

Court Hearing Example

A parent lists five numbered factual disputes with exhibit cross-references

The court uses numbered items to guide witness questioning
The clear record shortened oral testimony and helped the judge incorporate findings into the final custody order, reducing ambiguity on contested dates and communications.

Mediation Packet Example

An attorney prepared a compact statement summarizing proposed parenting time and safety concerns

Each proposal included exhibit labels and recommended orders
Mediator distributed the packet to both parties before the session, enabling targeted negotiation and documentation of concessions for the settlement agreement.

Practical Tips for Accurate and Efficient Completion

Adopt consistent drafting, exhibit labeling, and signing practices to reduce rework and ensure acceptance by the court.

Use numbered entries

Number each fact or request so the court can reference items precisely during hearings and in written orders.

Label exhibits clearly

Use consistent exhibit IDs (Exhibit A, B) and reference them within the numbered entries to link evidence to assertions.

Keep it factual

Avoid argumentative prose; present facts, dates, and relevant witness names to support legal positions.

Confirm filing rules

Check the family court’s local rules for eFiling format, signature requirements, and service procedures before submission.

Comparing eSignature Vendors for Completing and Submitting This Statement

Common vendor features and starting prices help counsel and court staff select a platform that meets authentication and volume needs.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	No	No	Yes, limited	Yes, limited
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
Envelope Cap	No envelope cap	100 envelopes/user/year	Varies	Varies	Varies

FAQs and Troubleshooting for Delaware Custody Separate Statements

Answers to common questions about preparation, signatures, filing, and retention for custody separate statements in Delaware.

Need help? Contact support

Can I e-sign the separate statement?
Yes, electronic signatures are generally valid under the ESIGN Act (15 U.S.C. §7001) and state electronic transaction laws provided the signer demonstrates intent, consents to electronic records, the signature is attributable, and a reproducible record is retained.
Is notarization required?
Not usually for a separate statement, but certain verification or affidavit language may require notarization depending on the court or if a self-proving affidavit is attached.
How should exhibits be attached?
Attach exhibits as separate, clearly labeled files or appended pages; reference each exhibit by label within the numbered statement to ensure exhibits are admitted and easily located.
What if the other party objects?
Document objections in a written response or at the hearing; the judge will rule on admissibility and may exclude unsupported claims lacking proper foundation.
How long must I keep the statement?
Retain the original and electronic copies for the active case duration and at least 3 years after closure; consult retention rules if tax, healthcare, or appeal-related records apply.
Can I amend the statement after filing?
Amendments may be allowed by leave of court or by stipulation; file an amended statement clearly marked and served on opposing parties per local rules.

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